RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) KUMARI Manju, aged 16 years was committed to Female Surgical Ward at bed No. 31 in Sadar Hospital, Alwar, having 100 burns on her body on October 24, 1994. Ram Kripal Tripathi, Executive Magistrate, P. W. 9, reached to the hospital and allegedly recorded the statement of Manju (Ex. P. 7) in the presence of four persons viz. , Omi, Duli Chand Jatav, Raju Ram and Davendra Kumar. In her statement, KUMARI Manju deposed that accused appellants Ratan Lal, Dalu Ram, Hukam Chand and Bheli alias Bhagwan Das, all sons of Tula Ram, took her to the roof of her house around 2 p. m. and after sprinkling kerosene oil on her body set her on fire. She further deposed that she was all alone in her house and because of incident occurred on a previous night, all the four persons put fire on her body. Learned Executive Magistrate put a note on the statement that as both the hands of Manju were badly burnt, there- fore, she was not in a position to put her signatures. Rajendra Prasad, I. O. P. W. 10, also reached to the hospital and allegedly recorded the statement Ex. P. 8 of KUMARI Manju at 2. 30 p. m. on which Manju was able to put her thumb impressions at two places.

(2.) IN both the afore quoted statements, neither any doctor was associated nor the opinion of doctor was sought about fitness of Kumari Manju for making the statement.

(3.) WE, therefore, proceed to test the reliability of the alleged dying declarations Ex. P. 7 and Ex. P. 8. Ram Kripal, P. W. 9, who was posted as an Executive Magistrate on October 24, 1994, in his deposition stated that he was directed by the then A. D. M. (City), Alwar, to proceed to Sadar Hospital, Alwar, and to record the statement of Manju, who was admitted to Female Surgical Ward. In pursuance to the said direction, he proceeded to the hospital, where he found Manju on bed No. 31 of Female Surgical Ward. He recorded her statement Ex. P. 7 in the presence of four persons, who put their signatures on it. This witness further deposed that Manju was not in a position to put her signatures because her both hands were badly burnt. He thereafter sealed the statement and forwarded the same to A. D. M. (City ). Manju, at the time of giving her statement, was fully conscious and was in a fit state of mind to give her statement. In his cross-examination Shri Tripathi stated that when he reached to the hospital, he found doctors and nurses there. Although, he met the doctor who was on duty yet he did not think it necessary to obtain the signatures of doctor on the statement of Manju. He could not explain as to who were those persons present near Manju. He also did not think it proper to record the statement of Manju in `question -answer form'. This witness also admitted that he did not mention in the statement as to who was the person who identified Kumari Manju. He also could not mention the time of recording the statement. At the time of recording the statement, he was not associated by any Police Officer and he did not find any one near the bed of Manju. He did not ask Manju as to whether she was examined by any body prior to recording her statement by him.